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Upper Tribunal consultation

The Upper Tribunal (Lands Chamber) is (and has been since June 1, 2009), the appellate body for, inter alia, the LVT and the RPTS. When it was established, it adopted the existing procedural rules previously used by the Lands Tribunal, its predecessor. Those...

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Tenants of defaulting mortgagees

The CLG website is reporting that the Mortgage Repossessions (Protection of Tenants) Bill is now an Act, having received Royal Assent on April 8, 2010. The press release explains that, where a mortgagor (other than one under a buy-to-let mortgage) has...

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Birmingham v’s the boy racers

Birmingham City Council v Persons Unknown - 0BM70352 (noted by way of Arden Chambers Eflash) is a successful attempt by a local authority to distinguish the decision in Birmingham CC v Shafi [2008] EWCA Civ 1186; [2009] 1 WLR 1961; [2009] HLR 25 (our note...

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Don’t forget to file and serve…

Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn't been picked up anywhere else. It's only worthy of a short note though, which is set out below. Chehab...

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The famous five

News reaches us here at NL towers about five gateway B cases that are due to be heard shortly. Apparently some or all of the authorities (Manchester, Birmingham, Hounslow, Leeds and Salford), together with the government, were trying to get the cases...

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‘Ard en fast rule*

James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO. A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of proof,...

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